BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Joint Application of )

)

AEROLITORAL, S.A. DE C.V., )

AEROVIAS DE MEXICO, S.A. DE C.V., and )

DELTA AIR LINES, INC. ) DOCKET OST-2013-____

)

for exemptions and a code-share )

statement of authorization )

(Monterrey-Chicago) )

__________________________________________)

JOINT APPLICATION OF AEROLITORAL, AEROMEXICO,

AND DELTA FOR EXEMPTIONS AND A

STATEMENT OF AUTHORIZATION

Communications with respect to this document should be sent to:

John R. Mietus, Jr.

LAW OFFICE OF JOHN MIETUS, LLC

6701 Democracy Boulevard Ste 300

Bethesda, Maryland 20817

(202) 747-5212

john@mietuslaw.com

Counsel for AEROMEXICO and

AEROLITORAL

Alexander Van der Bellen

Managing Director – Regulatory Affairs 

& Associate General Counsel

Christopher Walker

Regional Director – Regulatory Affairs

DELTA AIR LINES, INC.

1212 New York Avenue, N.W.

Washington, D.C. 20005

(202) 842-4184

sascha.vanderbellen@delta.com

chris.walker@delta.com

NOTICE: Any person may support or oppose this application by filing an answer and 

serving a copy of the answer on counsel for the Joint Applicants and upon 

persons served with this application no later than November 19, 2013. THE 

JOINT APPLICANTS INTEND TO POLL.

November 4, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Joint Application of )

)

AEROLITORAL, S.A. DE C.V., )

AEROVIAS DE MEXICO, S.A. DE C.V., and ) 

DELTA AIR LINES, INC. ) DOCKET OST-2013-____

) November 4, 2013

for exemptions and a code-share )

statement of authorization )

(Monterrey-Chicago) )

__________________________________________)

JOINT APPLICATION OF AEROLITORAL, AEROMEXICO,

AND DELTA FOR EXEMPTIONS AND A

STATEMENT OF AUTHORIZATION

Aerovias de Mexico, S.A. de C.V. ("Aeromexico"), Aerolitoral, S.A. de 

C.V. (“Aerolitoral”), and Delta Air Lines, Inc. (“Delta”) (together, the “Joint 

Applicants”) respectfully apply for the following authority to engage in 

scheduled, foreign air transportation of persons, property, and mail between 

Monterrey, Mexico and Chicago, Illinois as described below:

(1) an exemption, pursuant to 49 U.S.C. § 40109 and for an initial period 

of one year, authorizing Aeromexico to operate such service in the 

Monterrey-Chicago market;

(2) a statement of authorization, pursuant to 14 C.F.R. Part 212 and of 

indefinite duration, authorizing Aeromexico and Aerolitoral to display 

the DL* designator code of Delta on Aeromexico and/or Aerolitoraloperated flights in the Monterrey-Chicago market; and

(3) a code-share exemption, for an initial period of two years, authorizing 

Delta to engage in such transportation in the Monterrey-Chicago 

market by placing its code on Aeromexico or Aerolitoral.

1

 

1/ Delta further requests the Department transmit the necessary code-share 

designation to the Government of Mexico to facilitate Mexican licensing of Delta’s 

proposed services on Aeromexico or Aerolitoral under the U.S.-Mexico Air Transport 
Aeromexico/Aerolitoral/Delta

Application

Page 2

The Joint Applicants request this authority so that Aeromexico may operate 

Monterrey-Chicago service carrying Delta’s DL* code beginning on or about 

December 12, 2013 and so the Joint Applicants can later offer the service 

with aircraft operated by Aerolitoral; that transition is expected to occur 

several months later. Accordingly, they request expedited Department action 

and will report the results of their poll of U.S. carriers served with the Joint 

Application.2

In support of this Joint Application, the Joint Applicants state as 

follows:

1. Aeromexico and Aerolitoral are flag carriers of the United Mexican 

States holding Department permit and exemption authority to provide 

service between Mexico and numerous U.S. points. They provide extensive, 

Aeromexico-coded service between the two countries. Aeromexico previously 

held authority to operate scheduled Monterrey-Chicago service with its own 

aircraft, but that authority later was amended, and authority for Aerolitoral 

added, to authorize the operation of the route only with Aerolitoral aircraft.3 

Aeromexico now intends to begin daily flights in the Monterrey-Chicago 

 

Agreement.

2/ The Joint Applicants also request a waiver of the 45-day advance notice requirement 

prescribed by 14 C.F.R. § 212.10(d)(2).

3/ Notice of Action Taken dated March 28, 2013 in Docket 2011-0042 (Aeromexico 

exemption limited to code-share) and Notice of Action Taken dated November 21, 

2012 in Docket 2012-0188 (Aerolitoral exemption).
Aeromexico/Aerolitoral/Delta

Application

Page 3

market with Boeing B737 aircraft on or about December 12, 2013, but it 

intends to return the operation to Aerolitoral’s Embraer regional aircraft 

several months later.4

2. Annex 1 to the 1960 Air Transport Agreement, as amended, between 

the United Mexican States and the United States provides that a carrier 

designated by the Government of Mexico is entitled to operate "[f]rom a point 

or points in Mexico to a point or points in the United States." The Joint 

Applicants understand that Aeromexico will soon be designated to operate 

the route in lieu of Aerolitoral, and designation of a carrier by its homeland 

government is the most significant factor in determining whether grant of an 

application is in the public interest.

5 The Monterrey-Chicago services 

operated by Aeromexico and Aerolitoral have benefitted business travelers, 

tourists, and shippers, further demonstrating that grant of the exemption 

would be consistent with the public interest.

3. Delta also wishes to offer code-share service in the MonterreyChicago market on either Aeromexico or Aerolitoral-operated aircraft 

pursuant to its longstanding code-share agreement with Aeromexico. Thus, 

the Joint Applicants also request code-share exemption authority for Delta on 

Aeromexico or Aerolitoral flights, and a statement of authorization 

 

4/ Because the date for returning operations to Aerolitoral has not yet been set, 

Aeromexico requests that its operating exemption be issued for the usual, one-year 

period.

5/ See, e.g., Bluebird Cargo Ltd., Order 2004-8-24 at 3-4; Fast Air Carrier Ltda., Permit 

Amendment, Order 82-2-66 at 3-4.
Aeromexico/Aerolitoral/Delta

Application

Page 4

authorizing either Aeromexico or Aerolitoral to carry Delta’s code in the 

market, to replace existing authority in Docket OST-2012-0135. Earlier this 

year the Department granted Aeromexico and Aerolitoral a "flexible" 

statement of authorization, similar to that requested here, that permits

either or both carriers to begin, end, or resume their display of the DL* code 

in the listed markets. See Notice of Action Taken dated March 19, 2013 in 

Docket OST-2013-0052. This approach serves the public interest by allowing 

Delta to hold out service without further Department action should 

operations in a market shift between Aeromexico and its affiliate (as would 

be the case here).6 Delta is fit, willing, and able to engage in these services 

on a code-share basis, as it operates numerous U.S.-Mexico transborder 

services under various exemptions and pursuant to Delta’s certificate 

authority for Route 901. See Order 2010-3-12. Delta also requests that the 

Department take official notice, pursuant to Rule 24 of the Department’s 

Rules of Practice, of all data on file with the Department necessary to 

establish its fitness.

4. Approval of the requested code-sharing authority is in the public 

interest. Authorizing Delta to offer code-share service in these markets will 

enhance competition and expand price and service options for U.S. – Mexico 

 

6/ Aeromexico and Aerolitoral each understand that before exercising the 

requested statement of authorization in a market, the operating carrier 

would need to hold or obtain the necessary operating designation and DOT 

permit or exemption authority.